TNPSC Thervupettagam

Doctrine of Party Autonomy

November 9 , 2025 17 hrs 0 min 5 0
  • The Supreme Court held that the Doctrine of Party Autonomy is not limitless and the same is the bedrock of arbitration.
  • The freedom of the parties to choose the process of resolving disputes is known as party autonomy.
  • It confers on the parties the freedom to determine laws, place of arbitration, selection of arbitrators, etc.
  • In 2021, SC ruled that “Party autonomy is the guiding spirit of arbitration”.
  • The concept is recognized under the New York Convention, and the Indian Arbitration and Conciliation Act, 1996.

 

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